Search results for: contempt of court

palatine divorce lawyerWhen an Illinois Court issues a decision related to a divorce, child custody, or family law case, the decision is final. The parties may have an opportunity to file an appeal or petition the Court for a modification under certain circumstances; however, they cannot simply ignore the Court’s ruling. Failure to comply with a Court order can lead to being held in contempt of Court.

Noncompliance Can Lead to Contempt of Court Charges

When an individual knowingly fails to obey a Court order, he or she can be held in contempt. For example, a parent who is required …

Continue Reading What is Contempt of Court and When Can Someone Be Held in Contempt During a Family Law Case?

b2ap3_thumbnail_shutterstock_339384575.jpg Divorce orders are complex and legally binding documents. Divorced individuals in Illinois may not necessarily like the contents of their divorce order, but without seeking a modification in court, the order must be followed nonetheless. Many parts of the divorce order have an impact on a divorcee’s everyday life, especially if she shares children with her ex. It is important to understand that violating any part of a divorce order carries legal consequences. 

What Happens if I Have Been Charged with Contempt of Court? 

Charges for contempt of court usually follow a petition by one former spouse against the…

Continue Reading What Happens When Someone is Charged with Contempt of Court for Violating a Divorce Order in Illinois?

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One of the most important things that divorcing couples should know is that the terms of a divorce resolution are legally binding. This means that violating them can have substantial legal consequences, in some cases including charges of contempt of court. If you believe that you may be facing such charges, an attorney can help you avoid them or defend against them.

What Happens When a Person is Charged With Contempt of Court?

Typically, contempt of court charges come about after one of the parties to the divorce files a petition for enforcement of the divorce order against the…

Continue Reading Avoiding Charges of Contempt of Court After an Illinois Divorce

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In a divorce, you end up having to make a lot of compromises. The divorce process involves a series of negotiations, many of which you might leave feeling as if you did not get what you wanted, but it has been said before: a good compromise is when both parties are dissatisfied. Compromise can indeed sometimes feel as if you have lost, but when it comes to your divorce, you should do everything you can to adhere to the compromises you agreed to. If not, the court may end up holding you in contempt.

Understanding Contempt of Court

Contempt…

Continue Reading Contempt of Court in Family Law Cases

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Many people have heard the term contempt of court, whether on a television show, movie, or perhaps even in real life. While this term is often used in state court, many people also do not understand that this offense can be considered a federal crime. In fact, the federal statutes have many pieces of law pertaining to contempt of court, and they can all become complex. It is for this reason that, if you are facing contempt of court charges, you must work with a criminal defense attorney that is familiar with federal offenses, and knows how to defend…

Continue Reading When Is Contempt of Court a Federal Offense?

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What is contempt of court?

A person can be held in contempt of court when they disobey or disrespect a court such that it effects the proper functioning of the court.

Contempt of court in Illinois comes in two different flavors. There can be

  • Criminal contempt of court or
  • Civil contempt of court

Criminal Contempt Of Court

Criminal contempt is treated much the same way any other criminal charge is treated.

Criminal contempt is punitive in nature. The court is not looking into the future, but instead is looking backwards. The goal is to punish behavior that has already happened…

Continue Reading Contempt Of Court In Illinois

IL divorce lawyerIn an ideal world, divorcing spouses would be able to resolve all their disagreements and follow any orders handed down by an Illinois family court judge. Unfortunately, we do not live in an ideal world. One spouse may sometimes refuse to cooperate with an order or could even directly disobey an order, requiring enforcement of the judgment.

For example, one spouse may have been ordered to pay spousal support but refuses to do so because he or she feels the ruling was unfair. A judge’s orders could be permissive or prohibitive. A permissive order grants either party permission to…

Continue Reading Could I Be Held in Contempt for a Divorce-Related Issue?

Often, an Illinois divorce lawyer will ask the court to do something and then, instead of citing the law the divorce lawyer will remark, “Well, we’re a court of equity and this is the right thing to do.”

This phrase “a court of equity” harkens back to the old division of courts where courts were divided into courts of law and courts of equity.

A court of equity is “a court which has jurisdiction in equity, which administers justice and decides controversies in accordance with the rules, principles, and precedents of equity, and which follows the forms and procedure…

Continue Reading Is An Illinois Divorce Court A Court Of Equity?

At least once a month, I get a phone call where a judge is treating a person with a disability in their courtroom in a hostile way. The person always wants to know what can be done about it and whether judges are allowed to do that. I have talked before going after the judiciary for disability discrimination, such as here, and it isn’t an easy thing to do, see here, though it is possible. This case, Mergl v. Wallace, Mergl v. Wallace-Judge wrongful treatment of pwd attorney (how I named the file),  decided by the United States…

Continue Reading Is There a Remedy When a State Court Judge Discriminates Against an Individual by Reason of Their Disability

During and after a divorce in Illinois, there are only certain kinds of orders: support orders, disposition of assets orders, parenting orders and discovery orders.

The first two kinds of orders, support and division of assets, are really about money. You either paid the money or you did not. Any question of enforcement of an order about a particular money issue can be cured with…other money.

The other matters that an Illinois divorce court needs to enforce, parenting and discovery, cannot be cured by money. The courts can only enforce their orders by requiring the behavior the…

Continue Reading Contempt When You Have No Money In An Illinois Divorce

hinsdale divorce lawyerDivorce can be complex and challenging to navigate, especially when it comes to enforcing court orders. However, whether it is related to child custody, spousal support, or asset division, court orders must be followed to ensure a fair and just outcome. 

Unfortunately, not all ex-spouses comply with court orders, which can be frustrating and financially burdensome for the other party. In Illinois, various legal options are available to enforce court orders related to divorce and family law matters. This blog discusses these legal remedies, which can help you ensure your rights are protected.

What to Do if

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Continue Reading Enforcing Court Orders: What to Do if Your Ex-Spouse Is Not Complying

Hillside Child Custody AttorneyWhen a married couple gets divorced,  as well as in other types of family law cases, court orders will be put in place that will detail how certain issues will be handled going forward. While parents are expected to follow the terms of these orders, situations may arise in which one parent may believe that the other has failed to meet their obligations. These disputes may be related to child custody, child support, or other issues. Understanding the best ways to address these issues is important, and parents who approach these matters the wrong way could face…

Continue Reading Mistakes to Avoid When Enforcing an Illinois Family Court Order

by George Kiser

Recently, I was talking with colleagues about overly broad discovery orders entered against defendants and the options for appealing those orders. Wouldn’t it be nice to be able to appeal these orders before the case is over, to prevent a costly search of a client’s records? However, a party is generally not able to appeal a trial court order issued in the middle of a case, before final verdict is entered. Generally, a party can appeal from a final judgement in a case, but not before it. The trial court can grant permission to appeal a decision, but…

Continue Reading Can a Discovery Dispute Lead to Extraordinary Intervention by the Illinois Supreme Court? Usually Not; That’s Why it is Extraordinary

Our panel of leading appellate attorneys reviews the nine Illinois Supreme Court opinions handed down Thursday, September 22.

Editor’s note: There will be no summary of People v. Kastman. 

Noland v. Mendoza, 2022 IL 127239

By Karen Kies DeGrand of Donohue Brown Mathewson & Smyth LLC

The Illinois Supreme Court found that plaintiffs Michael Noland and James Clayborne, former Illinois state senators who had voted for laws to reduce legislators’ salaries, misled the public; shortly after leaving office, they sued the state comptroller to recover the pay they had agreed should be withheld. The Illinois Supreme Court ruled that…
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, September 22, 2022

DuPage County Contempt of Court LawyerIn family law cases, the parties involved will often find themselves at odds with one another. Multiple types of contentious disagreements can arise, and a couple going through a divorce or parents who need to address issues related to child custody may ask a family court judge to make decisions and issue orders detailing how certain matters should be handled. However, conflicts may still continue even after a judge makes these decisions, and one party may accuse the other of violating the court’s orders or failing to meet their requirements or obligations. In these situations, one party may ask that…

Continue Reading When Can a Person Be Held in Contempt in a Divorce or Family Law Case?